Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person makes a copy of information; and
(b) the information is OBR information.
Penalty: Imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person discloses information to any person or to a court; and
(b) the information is OBR information.
Penalty: Imprisonment for 2 years.
(3) Subsection (1) or (2) does not apply to:
(a) anything done by a person in performing functions or exercising powers under, or in connection with, this Act or the regulations; or
(b) copying or disclosure for the purposes of the investigation of any offence against a law of the Commonwealth, a State or a Territory; or
(c) disclosure of OBR information to a court in criminal proceedings against a person who is not a crew member; or
(d) disclosure to a court in civil proceedings where:
(i) the ATSB issues a certificate under section 50 in relation to the OBR information; and
(ii) the court makes a public interest order under subsection (4) of this section in relation to the OBR information; or
(e) disclosure of OBR information in respect of which a coroner has made a determination under subsection 59(2).
Note: A defendant bears an evidential burden in relation to a matter in subsection (3). See subsection 13.3(3) of the Criminal Code .
(4) If the court is satisfied that any adverse domestic and international impact that the disclosure of the information might have on any current or future investigations is outweighed by the public interest in the administration of justice, the court may order such disclosure.
(5) The court may direct that OBR information, or any information obtained from the OBR information, must not:
(a) be published or communicated to any person; or
(b) be published or communicated except in such manner, and to such persons, as the court specifies.
(6) If a person is prohibited by this section from disclosing OBR information, then:
(a) the person cannot be required by a court to disclose the information; and
(b) any information disclosed by the person in contravention of this section is not admissible in any civil or criminal proceedings (other than proceedings against the person under this section).